THE
REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by
Mayor Allen Green at 6:30 p.m.

Pledge
of Allegiance

Silent
Invocation

Roll
Call: Present: Councilman Bob Ford

Councilman
Drew Bastian

Councilman Dennis
Kennedy

Vice
Mayor Donald Burnette

Mayor
Allen Green

Also
Present: Greg Kisela, City Manager

Margaret
T. Roberts, City Attorney

Robin
Fenwick, City Clerk

BOARD APPOINTMENTS, INTERVIEWS, & REPORTS

4.Planning Commission
Re-Appointment – Sonya Laney

Motion
to re-appoint Sonya Laney to the Planning Commission was made by Vice Mayor
Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by
voice vote.

SPECIAL REPORTS, RECOGNITION, PROCLAMATIONS

5.Police Recognition Awards

Jerry
Monahan, Public Safety Director, presented Officer Spears and Officer Benezette
with an Award of Merit.

6.Payroll Audit Report

Debbie
Goode, Carr, Riggs, & Ingram, provided details of the payroll audit report.
The scope of the report includes administrative leave, part-time employee
benefits, and ICMA 457 retirement bonus payments. Confusion of the City’s Codes
and inconsistency in implementation of the codes were noted.

Councilman
Kennedy asked if the auditor believes this is an issue that should be sent to
the State Attorney’s Office. Ms. Goode suggested they talk to an attorney to
determine whether or not there is a case. Councilman Kennedy doesn’t believe it
can be held against the individual employees since they believed it was in the
Director’s discretion to grant administrative leave. He wants to see what can
be done to recoup the monies lost. He wants to see the policies cleaned up for
consistency.

Councilman
Bastian is shocked and disappointed that this happened for so long. He agrees
with sending it to the State Attorney’s Office. He wants the benefits for
part-time employees cleared up.

Vice
Mayor Burnette is surprised that there is not a policy manual in HR for every
employee. He agrees with having the State Attorney’s Office review the case. He
asked how many of the employees are still employed and what is the resolution.
Mr. Kisela said clearly these employees received benefits that other City
employees did not receive. However, a review of the spreadsheets and calendars
reveal a portion (one-quarter to one-third) of the hours would be legitimate
discretionary hours granted to employees by a department head. He recommended recapturing
the remaining balance from the existing exempt employees. The City’s outside
legal counsel has advised him that this is both legal and defensible. He would
recommend not pursuing from those not working for the City. Staff is
researching whether or not there is an insurance claim. He would recommend
withholding leave payouts from the former Public Utilities Director to
reimburse for the hours he granted to himself. Mr. Kisela also recommended to
not recover from any past employees, except the former Public Utility Director.
He said the part-time employee benefits can be cleaned up by the end of this
fiscal year.

Vice
Mayor Burnette wants to try to recover as much as possible. He wants to see
more consistency.

Councilman
Ford isn’t as sure the employees didn’t know they weren’t supposed to be
granted the administrative leave. He doesn’t support criminal charges against
the individual employees. He does believe a civil suit would be appropriate and
agrees with taking leave back from those employees who are still with the City.
He also wants to see consistency with the part-time employee benefits. He
doesn’t want to take benefits away from those part-time employees currently
receiving the benefits. He wants to be consistent with the 457 payments as
well. He wants to do a rate study on a regular basis. He also wants to do a
salary study. He believes some positions are receiving the prevailing rate but
others are not. He asked when the issues would be handled. Mr. Kisela said the
part-time benefit issues will be fixed within a few weeks. He provided details
of the expected timeline on some of the other issues, all of which are to be
completed by the end of the year except the rate study. All employee contracts
will sunset at the end of this fiscal year.

Corey
Berman, citizen, asked if more than one person gave the administrative leave. He
believes employees took over departments that were still granting leave. Mr.
Kisela said he doesn’t know of any others who granted leave when they took over
a department. It was limited to the former Public Utilities Director only. Mr.
Berman asked about using another system for clocking in and out. Mr. Kisela
explained how the exempt employees’ time is tracked. Ms. Goode advised that
exempt employees cannot be docked for going home sick in the middle of the day
or going to a doctor’s appointment. Most exempt employees are not required to
work a straight eight-hour day. She explained, for example, that if an exempt
employee attends a City Council meeting, it is very common for that employee to
come in late the next day. Mr. Kisela advised that the police and fire
departments do not clock in and out in the system. Staff is working through the
issues for those departments.

Ted
Noftall, citizen, asked if the hours granted were granted before Roger Smith
left Public Utilities. Yvonne Clayborne, Audit Manager, CRI, said yes, he was
with the City during the granted administrative leave. Mr. Noftall asked if
there was legislative authority to make the 457 payments. Ms. Goode said they
looked but did not find any written authority other than what was codified in
the City’s Code and can be found in Municode, which states “The City Council
has authorized supplemental contributions to the ICMA deferred compensation
plan” and specified certain positions that would receive the extra
contributions. Mr. Kisela said it’s also in the budget resolutions each year
that have been approved by Council. Mr. Noftall asked if the sick and vacation
buybacks have been properly authorized by City Council. Mr. Kisela said no.

Mark
Schaefer, citizen, asked what the technology is for the time clocks. Mr. Kisela
said Executime and it is electronic, other than police and fire. Mr. Schaefer
asked for a legal written opinion for exempt employees not punching a time
clock. Ms. Roberts doesn’t believe there is an opinion. Mr. Kisela said
everywhere he’s been it’s been discouraged because of the legal implications. Mr.
Schaefer asked if there are other departments using a spreadsheet and allowing
the administrative leave. Mayor Green said not that Staff is aware of.

Councilman
Ford asked if there was another supervisor who approved administrative leave
after Roger Smith left. Ms. Goode said no, not that she is aware of. Ms.
Clayborne explained that during an interview with one employee, it was
discussed that administrative leave was being granted by an interim director.
That administrative leave was authorized by the City Manager per the policy.
The Assistant City Manager communicated with the City Manager and received
authorization for three days of administrative leave for that particular
employee that had already been approved by the previous department director.

Newton
White, citizen, asked if the administrative leave in the report included leave
that was cashed out. Ms. Goode said the report included administrative leave
that was tracked and given. They believe the amounts in the report include all
amounts of administrative leave. Mr. White asked if the individual employee
contracts are going to be allowed to sunset. Mr. Kisela said the contracts that
are annual contracts are going to sunset at the end of the fiscal year and will
not be renewed.

CITIZEN PARTICIPATION (Agenda)

7.Spruce Creek High School Girls
Basketball Team – Coach Kelvin Hamm

Coach
Ella Jones and Aimee Bischoff requested permission to hold a Color Run at
Buschman Park to raise funds for the basketball team.

Susan
Lovallo, Parks & Recreation Director, said the park is available on
September 28, 2013. She has researched the project and has no objections. Mayor
Green asked about parking. Ms. Lovallo discussed the parking solutions. Council
agrees to allow the Color Run.

Derek
LaMontagne addressed Council regarding the S. Williamson Blvd. construction
project. He would like assistance from Council to start a dialogue with the
County regarding improving the appearance and reducing the impact of Williamson
Blvd, as well as get questions answered. He asked Council to look into having
a BMAP (Basin Management Action Plan) done for Spruce Creek. He would like to
see a tree survey done before the road is built. He feels a two-lane road would
be adequate rather than a four-lane road.

Mayor
Green asked where the City is in the process. Mr. Kisela said the County is at
60% design drawings. The City has some water and sewer alignment issues to be
resolved. The County is planning to have it complete in June, 2014. Wayne
Clark, Community Development Director, provided details of the County’s
progress.

Councilman
Bastian asked if Mr. LaMontagne has made this presentation to the County. Mr.
LaMontagne said no, not yet. He wanted to get support from the City Council
first. Councilman Bastian suggested he present this to the County Council.

Mayor
Green thanked Mr. LaMontagne for his presentation.

Councilman
Ford suggested he present to the Environmental Advisory Board.

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

Tammy
Owens addressed Council regarding her assisted living facility on Broken Bow
Lane.

Corey
Berman, citizen, addressed Council regarding Layfette, as well as Customer
Service. He explained his issues with the Customer Service Department. He
thanked the Police Department for their service recently.

Mr.
Noftall asked if the City has put the County on notice to raise the rates. Mr.
Kisela said the notice was given prior to July 1 as required. Mr. Noftall asked
if it is the City’s intention to raise the rates. Ms. Kisela said the City’s
intention under the contract to meet with the County Manager to develop a rate.
Mr. Noftall asked if the Human Resources Director will receive a cash out of
sick and vacation leave. Mr. Kisela said that issue has not been worked through
yet. Mr. Noftall wants to see the City Manager’s discretion over employee
separation agreements should be reeled in. Mr. Kisela advised that the former
director will be paid whatever he is entitled to.

Councilman Ford asked what the status
is on the project for the traveling bridge. Donna Steinebach, Assistant to the
City Manager/Interim Public Utilities Director, project is still in the design
stage. The traveling bridge is only one option. There are other options also
being evaluated. Councilman Ford would like to review the project before moving
forward.

Motion to approve item #10 was made by
Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried
unanimously by voice vote.

Mayor Green doesn’t agree with the
costs in items #15 and 16.

Motion was made by Vice Mayor Burnette,
and Seconded by Councilman Kennedy. Motion carried 4-1, with Mayor Green voting
no.

Motion was made to approve by Vice
Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by
voice vote.

19 – Vice Mayor Burnette asked about
the actions leading up to taking the owner to court. Ms. Roberts provided
details of the Code actions taken. She advised that the owner’s attorney has
authorized the City an easement to access the property.

Motion to approve was made by Vice
Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously
by voice vote.

FINANCE
(Wayne Saunders)

20.Resolution No. 13-33 – Budget Appropriations

Mayor
Green read Resolution No. 13-33.

RESOLUTION NO. 13-33

A RESOLUTION OF THE CITY OF PORT
ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING AND CAPITAL FUNDS FOR
VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING
AN EFFECTIVE DATE.

Motion to approve Resolution No. 13-33
was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

Motion carried unanimously by roll
call vote, after no public comments.

21.RFP #13-26 Water, Wastewater, and Reclaimed Water Rate
Study

Mr. Kisela advised this RFP is to
obtain a consultant to assist in collapsing the rates.

Motion was made to approve RFP #13-26
was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

Councilman
Ford wants to have Council input on the rates. He doesn’t see how that will be
included. He thinks Council needs to make the policy decisions before the
consultant is hired. Mayor Green asked for some workshops. Mr. Kisela believes
Staff included that information in the RFP through the public participation
meetings. He said the language could be strengthened. Mr. Saunders said that is
the intent. He had been involved with a few rate studies and that’s always the
intent; bring the consultant in to meet with Council for their direction.

Vice
Mayor Burnette confirmed that the RFP is not for policy decisions. Mr. Saunders
agreed.

Councilman
Bastian agrees and thinks the Public Utilities should also be included. Mr.
Kisela said Public Utilities will be included.

Councilman
Kennedy agrees.

Mr.
Berman believes everyone should be charged the same for a gallon of water.

Mr.
Noftall wants to see the existing rate structure. Mr. Kisela will provide.
Mayor Green does not agree to delay the RFP.

Mr.
Schaefer asked if the number of homes or businesses are being charged based on
the classification. Mr. Kisela said he’s not sure if the billing system can
pull that information. Mr. Saunders explained the 700+ rate combinations. There
are not 700+ rates. There is no report that shows how many customers are being
charged under each rate. Mr. Kisela said the rate table will be produced and if
more information is needed, he can provide it. Mr. Kisela said Staff will
strengthen the language as discussed.

A RESOLUTION OF THE CITY OF PORT
ORANGE, VOLUSIA COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF AN INTERLOCAL
AGREEMENT WITH THE CITY OF ORMOND BEACH PROVIDING FOR THE RECIPROCAL USE OF
CERTAIN RECREATION FACILITIES OF THE RESPECTIVE CITIES, INCLUDING A
JOINTLY-SPONSORED SUMMER THERAPEUTIC RECREATION PROGRAM FOR SPECIAL NEEDS
CHILDREN WITH DISABILITIES; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE CITY
OF PORT ORANGE’S SHARE OF THE PROGRAM COSTS; PROVIDING FOR A PAYMENT SCHEDULE;
ESTABLISHING ADMINISTRATION AND PERSONNEL STAFFING ARRANGEMENTS; ADOPTING A
RESIDENT FEE SCHEDULE; AND PROVIDING AN EFFECTIVE DATE.

Motion to approve Resolution No. 13-35
was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

Councilman
Kennedy asked how long the program has been going on. Ms. Lovallo explained the
new change. Daytona Beach has pulled out of the agreement. Councilman Kennedy
asked how many children are included in the program. Ms. Lovallo said nine came
out of Port Orange out of the 22 in the program.

Vice
Mayor Burnette asked for an update on the dirt issue with Masci. Mr. Kisela
advised that Masci has agreed to pay for the materials and the time saved by
not taking it to the Wellfield. Vice Mayor Burnette asked about Azalea Pointe.
Mr. Kisela said the lawn contractor changed and that portion was eliminated.
Vice Mayor Burnette said Sonny’s is looking bad now.

Councilman
Bastian stressed the consistency of the part-time benefits.

Councilman
Kennedy doesn’t like the banners on the school fences.

Mayor
Green said he got approached for use of the old Police Department as an
incubator.